Aprende detalles de la ley "Devuélveme mi casa" la cual permite sacar de las propiedades a deudores morosos.
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00:00You are desperate and it is important to know what your situation is, because you are the owner of an apartment
00:07of which you should be receiving a rent and unfortunately you no longer have that money
00:11and there is also a debt that has been accumulating, not only for the rent but also for the basic services.
00:17And the truth is that your situation is very complicated, because one can understand that the condition of the landlord
00:23maybe he does not have a job, hey, give me a little time to pay you, and you have to understand him.
00:27But who understands the landlord, the owner who needs that money, if that is why this situation is so unfair.
00:33It is something that somehow opens a hope, this law, give me back my house,
00:39but how effective is it at the time of concretizing, Maca?
00:42Yes, the truth is that, well, Claudia, nice to greet you, thank you for sharing your story with us.
00:47The truth is that it is so regrettable, because stories like yours, right?
00:50We hear it practically every day, right?
00:53Finally, the rent law, even as we knew it before this last law, which is give me back my house,
00:58was rather protecting the landlord, so that if he did not pay, the truth is that, well, they were very broad terms,
01:04they gave him opportunities, right?
01:07But finally, we realize, and that is why this law comes out, give me back my house,
01:11which is a law that seeks precisely to support the owner, as is your case, Claudia, that you are the landlord,
01:16in this case the landlord of your house, and you are faced with this,
01:19that you are practically going to fulfill now in September, two years without receiving the payment of what is yours,
01:24you are leasing your property, and you should receive your leasing rent,
01:28and of course not have debt in the basic services, nor in the moon, nor in the water, nor in anything.
01:33And also, if they don't pay you in the last instance, at least give you back the house,
01:37how many times have we listened to the owners who lease their houses and say,
01:41look, at least if they don't pay me, at least give me back the house.
01:44What advances does this law offer us, dear Claudia, for you to pay attention?
01:49I don't know if you are advised by a lawyer or not, but I'm going to tell you what this law advances in.
01:53First of all, it says, if they stopped paying you,
01:57which is the most important thing, and this goes for all the people who own and lease their houses,
02:01if they stopped paying you at least one leasing rent,
02:05it is already, and you validate it, to then go and then file a lawsuit, right?
02:11So that this leasing contract is terminated, and you get your house back.
02:15You don't have to wait two years, or five months, or three months,
02:18because there are many people who don't know this.
02:20They stop paying you once, and you can file the lawsuit.
02:23Now, for the non-payment of the leasing rent,
02:26also for the non-payment of the common expenses, right?
02:30Indeed, the non-payment of the common expenses also legitimizes,
02:33finally, asking for the termination of your contract.
02:35Yes, in this case there are no common expenses.
02:37In this case there are no common expenses, but this works for the people who live, right?
02:42In an apartment, for example.
02:43Of course.
02:44Also, in the case, and this does apply to you, Claudia,
02:47it is in the case that the accounts of the basic services are due.
02:50In this case, you told us that the electricity and water would be due.
02:53And finally, you also said that your house was damaged,
02:58that it also, right, had a broken glass or something like that.
03:01So, also, if you can see that your house is suffering some kind of destruction of the house,
03:06you also legitimize the house to file this lawsuit.
03:09Once the lawsuit is filed, what is the big difference?
03:11You can ask for a precautionary measure that consists in the return of your house.
03:15In the return, because you argue that here, right, there are damages, right,
03:20and imperfections that you can see, even from outside your house.
03:23I think I have been with Marissa, even once, right,
03:26writing a note, Marissa, do you remember?
03:28And that we saw the house really destroyed from the outside.
03:31So, the people, with a tremendous impotence, the owner,
03:34without being able to enter her house and without having an action,
03:37would like to value, right, this return of her house.
03:40Mara, look, and given the possibilities that Claudia has, how to do it?
03:43Because maybe she doesn't have the possibility of accessing a lawyer,
03:47she has to approach the municipality, the judicial corporation, how to do it?
03:50If she doesn't have a lawyer, she can turn to the judicial assistance corporation.
03:53Having judicial representation, she has to file a claim for the term of the lease contract.
03:58In this case, it is quite clear, for not paying the lease rent.
04:01It's that easy.
04:02And it meets all the previous requirements.
04:04Absolutely.
04:05The first thing I would do is to ask, right, this precautionary measure,
04:08which today the law grants to Mrs. Claudia, which is to ask for the return of her house.
04:12And the second thing is that, in addition to the judge,
04:15now there is a procedure that is much faster, much more expedited.
04:19You don't have to wait more than six months, etc., right, to recover the house.
04:22But it will also give a deadline to the tenant,
04:26who is not paying him for ten days to pay the rent,
04:29to pay, right, the basic services that he has not paid.
04:32And if he doesn't pay them within ten days,
04:35he has another ten days to leave the house.
04:38And that is called a release.
04:40And if he doesn't want to leave, he can ask for the public force,
04:43that is, to go to the police to get the person out.
04:46Therefore, if now we look at the deadlines, we are talking about ten days to pay
04:49and ten days to leave his house.
04:52And that's the good thing about this law, give me back your house,
04:54give me back my house in the end,
04:56because in the end you will be able to access a procedure that is monitored,
05:00it is done much faster and expedited to recover it.
05:03Maka, does it only require the public force,
05:05or do you also have to pay for people to be evicted from the house?
05:09What happens is that, first, it is an eviction through a receiver.
05:12That's the truth.
05:13And the receiver has to be paid.
05:14And the receiver has to be paid.
05:15And the truth is that, well, it's not very cheap,
05:18in the end, to pay for that receiver.
05:20But the truth is that with the privilege of poverty,
05:23which is what Claudia should be credited with,
05:25in front of the corporation of judicial excellence,
05:27there are also certain receivers who take turns
05:29and who can do it effectively for free or for free to be able to help her.
05:33Ah, that's good.